Does Your Data Breach Insurance Policy Measure Up?

My role on our law firm’s data breach rapid reaction team includes mitigating litigation risk and assessing the data breach and other insurance coverage available to the client in their time of need. I also help the client comply, if feasible, with any policy preconditions to obtaining coverage and help frame the initial notification to the insurer(s) to improve the … Read More

First Steps in Case of Suspected Data Breach

Okay, the breaking glass part is for dramatic effect and is optional.  However, once the specter  of a data breach rears its ugly head, your company should  immediately retain experienced breach counsel before it hires cyber security and forensics firms to access the scope of the breach.  Why?  Because if the law firm truly directs and manages the internal investigation … Read More

In-flight Wi-Fi- Gogo is a No No for Sensitive Info

In my practice, I frequently fly back and forth between the East and West coasts of the United States.   Consequently, I do a lot of work on planes and was delighted when several years ago my favorite carrier Delta introduced the Gogo Internet service on cross-country flights.  However, because my practice includes cyber security and data breach mitigation, I did … Read More

Responding to a Data Breach— Best to Have Your Plan in the Can

Reports that there has been yet another data breach or malicious hacking attack targeting the personal and financial information of thousands or even millions of consumers have become so common they barely constitute news.  For most companies and yes, law firms, the question is not if a significant data breach or hacking attack is in their future, but instead when.   Is your … Read More

New SpiderOak Hive Works Like Dropbox and is a Better Ethical Choice for Lawyers

Lawyers have an ethical obligation to take reasonable steps to protect their clients’ confidential information.   This has become a significant challenge in light of daily revelations of data breaches and cyber attacks by individuals and criminal rings, hacking by foreign governments, and now news that the United States Government is collecting massive amounts of data from a wide variety of … Read More

Avoid Legal Malpractice— How to Select a Reasonably Secure Password

Recently, several highly publicized security breaches resulted in the theft of password databases containing from tens of thousands to millions of passwords. Some of these password collections have been publicly disclosed and they provide a wealth of insight into the typical passwords chosen by consumers.  It’s not a pretty picture. Based upon the analysis of these real world passwords, there … Read More

Lawyer Ethics- Is Your Head in the Cloud?– The Ethical Implications of Using Dropbox and Other Cloud Services

Executive Summary:  Before an attorney uses cloud based services to transfer, store or process confidential client information, the attorney must exercise reasonable care to ensure that the cloud service provider will handle the information so as to comply with the attorney’s ethical obligation to preserve client confidences.   This includes, among other things, a review of the provider’s terms of service and privacy policy, … Read More

Lawyer with a New iPad? Using it for Legal Work? Let’s Talk Security.

So you love your new iPad and want to use it in your law practice.  That likely means using it to store and communicate confidential client information.  You may also be accessing your firm’s internal and cloud based systems.  It is also quite possible that unlike your traditional work desktop/laptop, you may be tempted to share this repository of client … Read More

Why SpiderOak is a Better Choice for Lawyers than Dropbox

  The hytechlawyer has been a fan of SpiderOak for quite some time.  In this month’s SpiderOak Newsletter, the company explains why SpiderOak is the superior choice from a privacy perspective– because it is always encrypted even if the data is leaked by negligence, intercepted or compelled to be produced by legal process, etc. SpiderOak also reasserts its focus on … Read More

Advice for Lawyers New to the iPad

Millions of new iPads were given as gifts this holiday season and no doubt a bunch of them went to lawyers who have never used an Apple product before.  This is the one year anniversary of “Hytechlawyer.com.”  Over the past 12 months, we have dispensed much advice and ventured many opinions related to the iPad, some of which may actually … Read More